CIHM 
Microfiche 
Series 
(Monographs) 


ICMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Instituta  for  Historical  Microroproductions  /  Institut  Canadian  de  microraproductions  historiquas 


1996 


Technical  and  Bibliographic  Notes  /  Notes  technique  et  bibllographiques 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibllographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


n 


n 
n 


D 


Coloured  covers  / 
Couverture  de  couleur 


I     I  Covers  damaged  / 

' — '  Couverture  endommag^ 

I     1  Covers  restored  and/or  laminated  / 

— '  Couverture  restauree  et/ou  petliculee 

I     I  Cover  title  missing  /  Le  litre  de  couverture  manque 

I     I  Coloured  maps  /  Cartes  geographlques  en  couleur 

I     I  Coloured  ink  (i.e.  other  than  blue  or  black)  / 

Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I     I  Coloured  plates  and/or  illustrations  / 

— '  Planches  et/ou  illustrations  en  couleur 

rT-  Bound  with  other  material  / 

—  Relie  avec  d'autres  documents 


Only  edition  available  / 
Seule  edlt:o,-<  disponible 

Tight  binding  may  cause  shadows  or  distortion 
along  inierior  margin  /  La  reliure  serree  peut 
causer  de  I'ombre  ou  de  la  distorsion  le  long  de 
la  marge  int^rieure. 

Blank  leaves  added  during  restorations  may  appear 
within  the  text.  Whenever  possible,  these  have 
tseen  omitted  from  filming  /  II  se  peut  que  certaines 
pages  blanches  ajoutees  lors  d'une  restauration 
apparaissent  dans  le  texte.  mais,  knsque  cela  ^tait 
passible,  ces  pages  n'ont  pas  616  Nmees. 


L'Institut  a  microfllme  le  meilleur  examplaire  qu'il  lui  a 
ete  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire  qui  sont  peut-etre  uniques  du  point  de  vue  bibli- 
ographlque,  qui  peuvent  modifier  une  image  reproduite, 
ou  qui  peuvent  exiger  une  modifications  dans  la  m6th- 
ode  normale  de  filmage  sont  indiques  ci-dessous. 

I     I      Coloured  pages  /  Pages  de  couleur 

I     I      Pages  damaged  /  Pages  endommagees 

I     I      Pages  restored  and/or  laminated  / 
' — '      Pages  restaurees  et/ou  pelliculees 


& 


D 
D 


n 


Pages  discoloured,  stained  or  foxed  / 
Pages  decolorees.  tachetees  ou  piquees 


I     I      Pages  detached  /  Pages  detachees 
FT'     Showthrough  /  Transparence 

D 


Quality  of  print  varies  / 
Quality  inegale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  supplementaire 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  returned  to 
ensure  the  best  possible  image  /  Les  pages 
totalement  ou  partiellement  obscurcies  par  un 
feuillet  d'errata.  une  pelure.  etc.,  ont  eti  filmees 
a  nouveau  de  fa(on  a  obtenir  la  meilleure 
image  p 


Opposmg  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the 
best  possible  image  /  Les  pages  s'opposant 
ayant  des  colorations  var)at)les  ou  des  decol- 
orations sont  filmees  deux  fois  afin  d'obtenir  la 
meilleur  Image  possible. 


D 


Additional  comments  / 
Commentaires  supptementaires: 


Tttis  ittm  n  f  ilmad  at  tht  reduction  ratio  checked  balow/ 

C*  document  est  filmi  au  taux  de  rWuction  irtdiqui  ci'dessous. 


lOX 

14X 

tax 

ax 

»x 

»x 

E 

v/ 

12X 

tsx 

20X 

24  X 

28  X 

32  X 

Tha  copy  fllmad  h«r«  hat  baan  raproduead  thankt 
to  tha  ganaroaitv  of: 

D.B.  WeMon  Libnry 
Univenity  of  Wettern  Ontario 


L'axamplaira  film*  fut  raprodult  griea  k  la 
giniroiitt  da: 

D.B.  WtMon  Library 
Univanity  of  Wanarn  Ontario 


Tha  Imasaa  appaaring  hara  ara  tha  bast  quality 
poaalbia  conaidaring  tha  condition  and  lagiblllty 
of  tha  original  copy  and  In  kaaping  with  tha 
filming  contract  apacif leadona. 


Original  coplaa  In  printad  papar  covara  ara  fllmad 
baglnning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  llluatratad  Impraa- 
alon.  or  tha  back  covar  whan  appropriata.  All 
othar  original  coplaa  ara  filmad  baglnning  on  tita 
firat  paga  with  a  printad  or  llluatratad  impraa- 
alon,  and  anding  on  tha  laat  paga  writh  a  printad 
or  llluatratad  impraaaion. 


Tha  laat  raeordad  frama  on  aach  microficha 
shall  conuin  tha  lymbol  —^  Imaaning  "CON- 
TINUED"), or  tha  lymbol  V  Imaaning  "END"), 
whiehavar  appllas. 

Mapa,  platas,  eharta,  ate,  may  ba  fllmad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  Included  in  ona  axpoaura  ara  filmad 
baglnning  In  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bonom.  aa  many  framas  as 
raquirad.  Tha  following  diagrama  llluatrata  tha 
mathod: 


Las  imagas  suivantas  ont  ttt  raproduitas  avsc  la 
plus  grand  soin,  compts  tanu  da  la  condition  at 
da  la  nanatA  da  l'axamplaira  fllmi,  at  an 
conformlta  avac  laa  conditions  du  contrat  da 
filmaga. 

Laa  axamplairas  orlginaux  dont  la  couvartura  en 
papiar  ast  Imprimta  sont  flimis  an  commancant 
par  la  pramiar  plat  at  an  tarminsnt  soit  par  la 
darnltra  paga  qui  eomporta  una  amprainte 
d'Imprasslon  ou  d'lllustration,  soit  par  la  second 
plat,  aalon  la  eaa.  Tous  lee  autres  exempleires 
orlgiitaux  sont  filmts  an  commandant  par  la 
pramKra  paga  qui  eomporta  una  empreinte 
d'Impreaslon  ou  d'illustration  at  an  terminant  par 
la  darnltre  paga  qui  eomporta  una  telle 
empreinte. 

Un  dee  aymboiss  suh«anta  apparattra  sur  la 
darnitre  imege  de  cheque  microfiche,  selon  le 
ces:  le  symbole  — »  signifle  "A  SUIVRE",  le 
symbols  ▼  signifle  "FIN". 

Lss  cartes,  plenches,  tableeux,  etc..  peuvent  ttre 
filmta  A  des  taux  de  rMuction  difftrents. 
Lorsque  le  document  est  trop  grand  pour  ttra 
reproduit  en  un  seul  clicha.  II  est  filmi  i  partir 
da  Tangle  suptrieur  geuche,  de  gauche  i  droite, 
et  de  haul  en  bas,  en  prenent  le  nombre 
d'Imegea  ntceaaaire.  I  es  diagrammes  suivants 
lllustrent  le  mithode. 


1  2  3 


1 

2 

3 

4 

5 

6 

M»CiOCOPY   RESOUJTION   TBT   CHART 

{ANSI  and  ISO  TEST  CHART  No.  2} 


1.0 


12.2 


I.I 


12.0 


'~  III 

1:25    i  1.4 


1.8 


1.6 


jd    APPLIED  IIVHDE    Inc 


] 

K 


vvv 


'V-V_/-'>i  .f'>j-.i,.v'-'Tfi 


A*- 


't 


<^ 


ADDRESS 

OF 

HON.  WILLIAM  RENWICKB 

KKPHINIEDPKOMTHEKKPORT 


IDDELL 


INGS  OF  THE 
OF  THE 

Missouri  Bar  Association 

HELD  AT 
PEflTLE  SPRINGS.  MISSOUBI. 

raiDAYANDSATlTBDAY. 
SepOmb.,  17  ,„d  18,  1009.' 


•■•»l«,.  Mo. 


'j^rtty,!. 


THE  JUDICIAL  COMMITTEE  0^  THE  PEIW  OOUNOa. 

nV  HON    W.LLUM  RENW.CK  R,DDEL>.,  K.NaS  BENCH,  D,V    H    C 
J.  ONTARIO,  CANADA 

.0  b.'^nviM','''''  "r"  "'  "'"  "'"""'  >-'-"■  '  ""'I  the  honor 
10  b<  mMvil  to  a  .l,m».r  i    ,,•„  h.v  ,1,,.  liar  of  AuKusta,  (1,.,,- 

o«.a„  Taft.    With  ,ha,  hro.herly  f.oli,,,-  whi.h  so  char", 
tenze,  those  m  the  law,  the  Bar  had.  upo„  hearing  that  there 

7nuZ       I  *''  ?""''''  ■•'"•'"'"•'»"''  ""'"ngst  them,  mo,,t 

courteously  expressed  a  desire  that  I  should  join  them,  and 
hey  further  flattered  me  by  asking  that  I  should  ,peak  ", 
he  few  remarks  whieh  1  addres.,,.!  ,o  that  brilliant  gather- 
ng  I    o„k  oecasion  to  say  a  few  words  about  the  Judieial 

edZf ::  ""^  'T"'"'  ^'"-^  ^""""'-^"i  I  an,  in^^rm' 
od  that  these  were  found  very  interesting  by  many  of  the 
-wyers  present.  .Vy  friend  Dr.  John  Davison  Lawson  li, 
told  me  that  that  subjeet  would  be  as  interesting  to  the  law 
yers  of  Jl.ssoun  as  u  was  to  those  of  Georgia,  and  has  chosen 
It  as  th»  upon  which  I  am  to  addres.s  you.  In  what  I  shall 
say  I  make  no  pretence  to  originality-I  take  my  information 
from  many  sources  with.uit  a.-knowk^lging  anv 
,.  J.'"-''",''  ■'  "°  ""■''■  ''"'■'"  "^  "•  'he  very  early  history  of 
the  Knigs  Privy  Council  and  as  to  the  appellate  jurisdiction 
exercsed  by  .t.  The  ju,, diction  is  in  theory  that  of  the  King 
who  .s  the  sole  fountain  of  remedial  justiee-he  must  cor- 
rect and  re<lress  all  defects,  abuses,  corruptions  of  all  tri- 
bunals-he is  the  Chief  Magistrate  of  the  Community 

\  ery  early  indeed,  the  practice  grew  up  that  the  King's 
will  and  pleasure  .should  be  manifested,  testified,  te.t«l_ 
by  a  document;  and  indeed,  a  document,  it  is  obvious,  must 
be  necessary  to  eonv,.y  the  King's  will  to  any  place  not  iu 
h,s  .mmed.ate  vicinity-"a  verbal  message  eould  not  be  au- 
thenticated." The  early  monarchs  were  not  very  literate- 
and  they  needs  must  employ  someone  who  could  read  ani' 
understand  the  "writ"  whe,,  written;  and  soon  a  seal  to', 
was  used  as  a  means  of  authenticating  the  document  contain- 
ing  the  Boyal  command.    And  quite  early  an  officer  called 

—s— 


4  Mitm&uri   ^ar  AHsoi-iati&n. 

the  Chanei'Iliir  became  the  stodian  of  this  seal;  it  was  at 
first  in  faet,  aud  tht-nee  hitherto  in  theory  the  function  of  tlie 
Chancellor  to  sec  that  the  "writs"  accurately  set  out  the 
intent,  ami  that  the  seal  of  the  King  was  atta-'hed  to  the 
"writs'*  of  the  King. 

Then,  ttgain,  it  was,  hefore  really  historic  ti  oes  in  Eng- 
land, inipossilile  for  the  Kinj;  to  exercise  his  jrimaiy  and 
first  duty,  that  is,  to  judge;  and  it  was  necissary  that  he  btj 
assisted  by  a  Council — and  that  duty  exer-ise'  by  the  King 
in  Oouneil — the  earliest  recorded  form  ','f  exercise  of  such 
iluty — is  still  exercised  in  form  in  the  same  way.  But  by  the 
theory  of  the  Common  Law,  the  King  does  not  exercise  ori- 
ginal jurisdiction — he  only  sees  to  it  that  the  Courts  do  jus- 
tice It  is  then  not  properly  speaking  by  way  of  appeal  that 
this  jurisdiction  is  found  historii  ally  to  have  been  exercised 
but  by  an  interposition  by  the  King  to  enforce  a  due  adminiv 
tration  of  justice  by  the  local  Courts  and  to  prevent  abuse. 
Much  of  this  power  was  later  exercised  by  the  Court  of 
King's  Bench — and  is  now,  by  the  'ligh  Court  of  Justice,  its 
successor, 

\fter  the  Courts  of  King's  Beneh,  C'ommon  Bench  an^l 
Exchequer  had  become  diflferentiated  and  split  clE  from  the 
King's  Council,  and  these  had  their  respeci'v.  jurisdictions 
mapped  out,  there  *  II  remained  a  considerable  part  of  the 
orig'Lial  jurisdiction  of  His  Majesty's  Council  not  appropriat- 
ed. There  arose  the  Court  of  the  Chancellor  which  adminis- 
tered Equity,  so  ca!'"d.  As  is  w?Il  known,  this  Court  be- 
came ultimately  as  much  bound  by  established  principles  and 
decided  cases  as  any  Common  Law  Court.  O^ce,  however, 
the  regular  Courts  of  f^aw  became  thoroughly  established, 
there  arose  a  great  jealousy  of  the  jurisdiction  of  the  Kins? 
in  Council — the  Courts  were  coram  populo  and  decided  cases 
upon  e.-iablished  principles,  the  Council  was  (ecret  and  was 
a  law  unto  itself.  And  still  after  as  before  vhe  institution 
of  the  Court  of  Chancery,  the  King's  Council  continued 
from  time  to  time  to  exercise  "a  kind  of  extraordinary  and 
corrective  jurisdiction  to  prevent  violence,  corruption  or  in- 


Tu;iUy-SertHth  Aii„„„l  if.,t, 


nnj. 


s 


and 


'irifspirar/ 


limi.'.tfnn,    ai„l    .•,,|„.,.i,.!ly    ,.,„„l,i„„,i„ 
to  i.l..,tri..,t  or  pri'vinit  the  course  of  justiif.  ■ 

But  still  much  j  .ahuHy  i.„„,i, j  ,„  ,,^  n,„„if,„,j  ,,,„„ 

hod^„„.„y  and  „ece.,ary  a,  it  iu  manyVase'  .,„:,:::;::,: 
J   »a,.     At  last  ,t  wa,  th.ut'ht  prnp.T  to  Kiw  »tat.,torv  a'. 

Laru]/i  ';.  J'-  ""^"r  """  '''"'  ""  KiuR's  Co„„cil  sat 
.„  L  "'i'"^.S'«'-  Chamber,  and  when  the  legislation  eame 
«o  be  passed,  ,t  mentioned  specifieally  "the  Court  of  Star 
Chamber.-  This,  as  Ilallam  lon,  „,„  showed,  w  a  k  nd  " 
(  omm  ttee.  that  ,s  a  Judicial  Oommivt...  „f  the  Kin^  s  Pri  v 
Couno,!^  The  Court  of  Star  Chamber  (as  ha,  bee' 
shown  by  reeent  investigation  of  i,s  reeords  stiFextann 
«  many  eases  ae.ed  not  as  a  statutory  ho  ly  at  a 
but  under  the  original  Common  Law  jurisdiction  of'the  Privv 
Coune.1;  and  mdeed  did  not  eoneeive  of  itself  as  being   ,f 

edaftTm"""".-  """"•"■  "■■'  '''-^  f"™-'  »'»  -'ti  ! 
ued  at  times  and  .n  eertain  eases,  e.  g..  in  caries  of  riot  l„  J* 
outsule  of  the  .Star  Chamber  and  as' the  7^^^^^ ^ 
aeted  before  the  Statute.  Whether  the  "Court  of  Star 
Chamber'  was  a  Court  appears  within  a  few  years  after   h. 

mem  „, n  JT""  """'"'■''^  "f  t'»ke  is  that  the  judg. 
ment  of  these  Judges  was  a  "sudden  opinion  " 

PrivvT'  "  ■T""'  *"  '•''"™''""'  th't  this  jurisdietion  of  the 

fl    we^^r;   T  ""I  '■""•""'"^  ■■  ""P™"-  «"  f«^  -  'hey  w  re 

E™T  or  to    heT  T  ?'"''  "'  ''""■■  "•-"•  •"  '"e  Co' rt  .„ 
firror,  or  to  the  Lo.ds-from  the  Admiralty  to  the  King  in 
Chaneery,  that  is  in  praetiee  to  aCourt  of  Delgat     and  fro m 
.he  Eeele„as.,eal  Court  to  the  P„pe,  that  isin  praeHee  ' 
^..77,7'"""^'  "■\''"  ''"•''■    '"'"  '"^  Reformation   'n 

appeals  from  the  ALbbishopVc:u:t^ih':rbeTr  K"  ^ 
n  Ch.neery.  He  appointed  Delegates  forming  a  High  Court 
«t  Delegates  to  hear  these  appeals.  As  the  Pri^  Cot^eil  wi 


ncit  a  (Viiirt  1  it  follitwil  rhitt  upon  the  abolition  of  thff 
"Cinirt  I'nmmonly  cjiIIimI  the  Sfjirchamhfr"  (hy  16  Ch.,  1. 
(*.  10)  In  l(4(t.  'hiTi-  was  rm  Cmrl  (pmperly  Mi>-palled)  of 
the  Kiiiff's  Privy  t'luincil.  The  satnf  Act  pnividfd  also  that 
neitht-r  the  Kinir  imr  \\'\n  Privy  Coitiicil  Khould  linvp  jiirisdii;- 
tioti  over  the  eslaU's  i.f  any  ipf  the  suhji-i'tH  itf  the  kincd-im, 
but  that  alt  ((ui'stlnns  rcspfi-tinjr  the  same  shrtuhl  be  trieil 
and  determined  hy  the  ordinary  eimrMe  of  law  iu  the  ordi- 
nary Courts  of  liflw  (Seet.  Ti). 

In  Nayiiijf  that  no  Hppi'aN  lay  to  th*-  Kinjj  in  His  I'rivy 
f'ounfil,  it  must  be  bfirne  in  mind  that  rcfrrence  ih  ma<leon!y 
to  appeals  from  the  C'ourtu  of  the  Kingdom — the  Krst  duty 
of  the  King  beinff  to  see  that  justiee  was  administered  to  all 
his  subjects,  and  that  duty  beinjr  exercised  by  him  in  Coun- 
cil, it  followed  that  in  the  case  of  all  subjeetH  not  within  th«.' 
kin^fdom.  there  was  the  ri^ht  of  appeal  to  tbeKinjf  infj)nncil,. 
It  aecordinffly  was  always  the  theory  that  subjects  out  of 
the  kin(?dnm  niijjht  brin(r  an  appeal— e.  n.  in  the  Ch:inTirl 
Islands.  Vntil  (piite  modern  time,  however,  these  islands 
and  all  other  foreign  <icpendeneies  were  unimportant;  hj 
that  we  do  not  find  until  the  17th  century,  any  appeals  ro- 
cordcd  from  without  the  kingdom.  The  Act  of  1(;40  did  n^^t 
take  away  this  appellate  jurisdiction;  and  in  16fi7  a  Com- 
mittee of  the  Privy  Couni'il  was  formed  to  hear  appeals  of 
such  provisions,  and  this  Committee  was  formed  by  the 
Council  and  not  by  Parliamint.  After  the  Revoluti.n 
of  1688.  the  appeals  liegnn  to  increase,  and  l.i 
1601  an  order  was  made  by  the  Council,  "That 
all  appeals  be  heard  as  formerly  by  the  Committee 
who  are  to  report  the  matters  so  heard  by  them  and  with 
their  opinion  thereon  to  the  King  in  Council."  Karly  in  the 
18th  century,  Colonial  appeals  betran  to  come  in  in  some  co.i- 
siderable  numbers,  and  these  were  heard  by  this  Committe?. 
V  part  of  the  Council,  who  after  hcarinf?  arRument  reported 
their  d  cision  to  the  Council.  All  this  appellate  jurisdiction 
was  a  matter  of  constitutional  u.sage  only  and  not  derived 
irom  any  Statute. 

Appeals  from  India,  however,  were  regulated  by  Stai- 


.^^■eu. 


^'^'yS'^tK  Annual  Jl.,,,„g, 


.j.r- 


"If.  ""'"•'""""">•<•  «m...inte,l  l,y  i„. 

In    18.12        v2&.fW,„  4  ,,   ,,,,    ,, 
flesiaslicol  ni.ii     „  ,,,i,:,.u  \     "'    """    «PpMl.s  i     ,  .. 

■■"•-eii..hc .,:;,;,,',.:;:':'."■  «'■'-■"-"  h-'  ■- 

«lty,  «-,.r,.  tr„P,f,.rn.,l  ,„  h        '        """  ""  "'''"""I"  »'  A.. 
m  >-.ar  ,he  .S,„„„,.  ;,  4  ]";.'";  '"  '■■"■"'■il-     Tl,o  f„l  .  .. 

••"•h  n,>.,„i,..r.s  ,.f  ,h,.  l-r  vv  r  '     '•'"■"■■Wlor,  and 

«'  the  AJ„,iralty       .%"]   ,'^'    '  '■.""•"•'ve  Curl,  J,.d,„ 
Privy  Coun.illor,  „h„  ,han  h-       h  M    "»"'<"'?"•>••  «"d  aU 

.wo  other  Privy  CouLrr."""  ""^""  "'  ""^  ""■«  ad  i 

By  (he  .same  Statute  of  I8T1 
appeals  from  the  Admiralty  V  „  Ad        ^  "'''""''■''  """  «" 
•broad   Which  theretofore  had  lat  ,    "'Z^' "■•"'""■•  Court, 

^dn^ral.yi„E„„a„d,h  uldbe       ,h:K^  ''''"  ^'""^  "' 
By  the  Aet  of  ]S.i2  ro  4  1  iv  ""' "^'"^  "•'  <  "Uneil. 

P'a,.,whiehi„AdmirltyeteVha'",/'  "  "'^  '"^  'P" 
fthne„.8,«one,„,hoh^„„  :V^''  '''"'"  "•"  '"•'"■••^'  the 
"y  the  Court  of  Delegate,   fv"  '7^  """^  '"  "'-•^  heard 

Council.  So  by  18:.:rwe  hive  ,  "k-^'^''  '°  ""■  •^-•'  *" 
""th  the  statutoty  m-w.-,  of  J  •'""*'  '"  ^''""""  ^<«t«i 
<l™iastical,pp,a^rd    ••,    '  ^'''';"*'  '''^'"'""y  ""'I  Ee. 

-hich  did  no?dep;„";':.  ■ ' . : ;,;  7 '"  ""^'^^ » p-'- 

""d'UK"  of  all  Courts  in  th.  n  f  ,'"'f"'"™lt  the  pro- 
in  the  four.,oa,     MuZ  T"^  ""minion.,  not  with- 

■•n  C„„„H,-.ere  t'!;"h^  7^^  n'h'e  7!^^"'  '"  ""  '^"' 
who  were  to  report  to  Hi,  \r,7„  .     ■    ^     '"^"■'*'  Committee 
'- "..Fudge,  f'ron,  Ind"    „' ^  -Hrth    """'■     "^  "•'»  ^'^ 


8  Missouri  Bar  Association. 

for  ID  1840  (3  &  4  Vic,  c.  86) ;  this  Act  also  got  rid  of  an 
anomaly — ficclesiaatical  appeals  could  theretofore  have  beeji 
heard  without  a  single  Bishop  or  Ecclesiastical  Judge  being 
upon  the  Committee — this  Act  provided  that  every  Arcn- 
bishop  and  Bishop  of  the  United  Church  of  England  and 
Ireland  who  should  be  a  member  of  the  Privy  Council  should 
be  a  member  of  the  Committee  for  the  hearing  of  such  ap- 
peals and  one  at  least  be  present.  Another  Ecclesiastical 
appeal  is  given  in  1874  (37  &  :i8  Vic,  c  85),  and  in  1846 
(27  &  28  Vic.  c.  21)  an  appeal  is  given  in  prize  cases.  In 
1871  (34  &  35  Vic,  c.  91)  provision  was  made  for  four 
Judges  or  ex-Judges  of  the  Courts  at  Westminster  or  in 
India  being  appointed. 

Then  came  the  Supreme  Court  of  .liidicature  Act  of 
1873,  whereby  all  Admiralty  appeals  were  laken  away  from 
the  Committee;  and  in  1876  the  provision  was  made  for  four 
Lords  of  Appeal  in  ordinary  at  a  salary  of  £8,000  each  to  sit 
in  the  House  of  Lords  and  if  Privy  Councillors,  also  in  the 
Judicial  Committee. 

In  1877,  all  jurisdiction  on  the  part  of  the  Queen  in 
Council  in  matters  of  appeal  from  Ireland  was  abolished. 
In  1895  a  very  important  provision  was  made  that  any  Judge 
or  <x- Judge  of  the  Supreme  Court  of  Canada  or  any  super- 
ior Court  in  any  Province  of  Canada  of  Australia,  New 
Zealand  Cape  of  Good  Hope  or  Natal,  who  should  be  a  Privy 
Councillor  should  also  be  a  member  of  the  Judicial  Com- 
mittee. 

At  the  present  time  this  Judicial  Committee  hears  ap- 
peals in  English  eases  only  in  Ecclesiastical  matters.  Upon 
every  appeal  of  this  character,  at  least  three  Bishops  must 
sit  as  assessors,  under  the  provisions  of  a  rule  made  in  1876, 
The  ultimate  appeal  in  other  matters  goes  to  the  House  of 
Lords.  In  Scottish  and  Irish  matters  the  Committee  do's 
not  exercise  any  appellate  jurisdiction  whatever.  But  from 
Courts  all  over  the  world  '.vhcrever  the  map  is  marked  with 
red,  come  appeals.  In  Europe,  from  the  Channel  Islands. 
Ibe  Isle  of  Man,  Gibrallar  and  Malta  as  well  as  from  Cy- 
prus; in  Africa  from  the  Capo  of  Good  Hope,  Natal,  the 


•      1^*- 


TwentyS^enth  Annual  Meeting. 


in  Asia  from    Bombay     Calcnt.-,  "T."''  ^""^  ""kn-wn , 
Territory.  Aden,  Assam     ie  ™h    i        ?.''"'"■"''     ""^     '"^'-     W. 
I-wer    Oudh,    Punj,"!    C  If  ""•/''.™»'''  ^'PP"  and 
Borneo,      Labnan;      ;„ '    7,f'"";,    *"">"tn>,,no„g    Kon^. 
Guinea,    Fiji       tiL      7    ,-^""-''la»'a.      Australia,       New 
I^'and,  and'  in  tericf"  ::"c„^/""^  ,  ""''      Piteai™ 
-Ontario,  Q„ebee,  N„va  Sc,^i„    v        ,"'"'  ""  I'''<»'ince.s 
EdH-ani   Isla,„i,   Ma„i  .  ba    Sa  L.  .'"  ""■""'i'-k.     PHnee 
Coiumbia,  and  from  X  toundiand  p"'""'  -"'""•"•  "'■"-'■ 
f -aiea,    British    Ilonlu  r   and  '  tm  "  «  '  '"^  "^'■""""^■ 
Amenea  and  many  another  BriH«h  r  ,    ^  ,*'"'*'"'  '»  S™ih 
ribean  Sea.  ^"'"''  ^«'»'"'  >ying  in  that  Car- 

The  laws  of  a  score  of  .olf  ~ 
be  interpreted,  the  Engli'h  ComT^r '™'""'"''^'' ">"^t 
^Peakin,  colonies  n,odil  d  by    "aTstat:,"  °'  "k^  ^'"^'■■^''- 
Coutume  de  Paris  with  similar  r!.B  *'■''•  '"  '^'"^''ee  th' 

in»  and  varions  law,  of  the  ^        l.^""""'"  "■"  "-"^  vary- 
Roman  Dutch  law  of'tbe  s„  th  of  Af rT'  'T'"  ''"^''^'  '^^ 

t:Jh;:^^:!:r"---^^"brs 
^'^'^rt  p;:s  o?;^^z::;r"f' ^"■— ^ 

all  members  of  the  Privv  Council  w^  ''*"'  ""■  P"'"™'  and 
judicial  office  as  Lord  Chancell  r"""^  ''"'''  ""^  ^avc  held 

Courts  of  England,  ^eland  „r  ^  oti  f''  "  '""  •^'  P-""' 
appointed  by  ,i,„  man,  a"  one  or  t:",""  °"'"  P^™"' 
four  Lords  of  Anneal  in  Jv  "'"''8''^  '''om  Indi.-. 

•ieesof  AppeaUrt';e:L"rofrer'  "",'  ^'"^"^  ''-■ 
oeed.ng  five  Chief  Justice,  flTr/   \^  ^""""■''  »'"'  "ot  e.^- 

--    -St  Of  these  muJ^-SSrhf  "::;-;;-- 

r-oret:r:;'xrsir^:zti7' ^"-^  ^'■"-""  wd 

'-™-aawe„aaoneofthe^„.::-™--;;u=most 


10 


JKimmri  Bar  Aaaociation. 


and  with  hira  is  the  veteran  Ex-Chsncellor  LorJ 
Halsbury  (once  Sir  Harding  Gifford)  whose  mind 
has  lost  none  of  its  acumen  and  who  is  paying 
the  debt  which  every  lawyer  owes  to  his  profession 
by  editing  a  Commentary  on  the  Law  of  England  which  must 
be  as  valuable  as  it  is  comprehensive.  Lord  Wolverhamp- 
ton the  Lord  President,  but  lately  Sir  ilenry  Fowler,  is  also 
a  lawyer — but  he  never  was  a  Barrister — he  belongs  to  the 
lower  branch  of  the  profession ;  he  is  a  Solicitor.  He  could 
never  have  pleaded  a  ease  in  any  High  Court  of  Justice  but 
may  sit  upon  this  the  ultimate  Court  of  Appeal  for  a  terri- 
tory greater  than  the  ancient  Roman  ever  thought  of.  An  1 
he  has,  I  am  informed,  sat  in  at  least  one  case.  There  are 
five  ex-Lord  Presidents— all  peers  of  the  realm  and  all  lay- 
men, the.se  in  practice  never  sit — one  ex-Lord  Chancellor  of 
Ireland,  Lord  Ashbourne  (Edward  Gibson,)  Lord  ilacnagh- 
ten,  once  an  Irish  Judge  of  note ;  Lord  James  of  Hereford 
who  as  Sir  Henry  James  gave  up  his  opportunity  to  become 
the  Lord  Chancellor  of  Great  Britain,  the  greatest  prize  to 
which  an  English  lawyer  may  aspire,  for  the  sake  of  prin- 
ciple which  he  would  not  sacrifice.  Lord  Lindley  (the  Lind- 
ley  on  Partnership),  Lords  Dunedin  and  Shaw  of  Dumferm- 
\mi\  giants  from  the  Scottish  Bench  and  Bar;  Lord  Alver- 
stone  (Sir  Richard  Webster)  Lord  Chief  Justice  of  England, 
Chairman  of  the  Alaska  Arbitration  Board;  Lord  Atkinson 
a  brilliant  Irishman  and  Irish  Barrister  appointed  a  Lord  of 
Appeal  in  Ordinary  from  having  been  Attorney-General  for 
Ireland;  Lord  Collins  once  Justice  of  the  Queens  (Kings) 
Bench  Division  and  later  Lord  Trustee  of  the  Court 
of  Appeals  and  Master  of  the  Bolls;  Sir  Edward 
Fry  (  on  Specific  Performance)  and  Sir  Fred  North, 
both  Judges  of  great  ability  and  long  experience;  Sir 
Alfred  Wills  for  years  the  senior  Puisne  Justice  of  the 
High  Court  of  Justice;  Sir  Henry  Strong  and  Sir  Elzcar 
Tascbereau  former  Chief  Justices  of  the  Supreme 
Court  of  Canada;  Sir  Henry  DeViUiers  formerly  a  Chief 
Justice  at  the  Cape  of  Good  Hope  in  South  Africa,  and  Sir 
Samuel  Way  and  Sir  Samuel  Griffith  who  occupied  similar 


TiceatySevrnth  AnmuUMeetrng. 


merly  Chief  Justice  of  rstrai^r,;,*"  '''""'  »»"-'  '-- 
"l  Ceylon.  And  there  are  o  her  ^f  ™™'«  ""J  afterward 
inJ-ed  all  who  are  or  have   !  '"""  '"'  """"i  "P"— 

"fflee  and  are  Privy  toZjloi^  "^^"P^"'"  °f  high  Judieial 
mittee.  ^  l-ou„cdlors  are  members  of  this  Com- 

"l  an  appeal  from  beyond  the  "e  '"'  '"  "■"  '^'"^  "^a.e 

Admirals  or  other  na'aloffieers  s"  :"  "  "f""""^  ■""""• 
sample  in  the  well  kno „„  U        "'""''  assessors.    F.,r 

(1892,  A,  C.  644T  he  Ri?  ""'i  '*"'"'  "'  »'-'''«p  „f  Lineol, 
Lichfield  .sat,Tnd?„  a  te"?  .r"'™*"'  ^'^  ^-'"'^  -^ 
Court  for  China  and  Co  fin  iL;!.  "n^"'^'^  «"P-- 
Wuyd  and  Commander  crborne         ^        ''■    '"'     ^<''"--' 

'« '»"S^r::;j;;r:'^" 'f  ^"^^ ''-« Court, 

'i™^  and  report  thereon  to  Hi,  «'  "'''"•'  '^«'"  O""- 
There  i,  no  instance  in  wh  h"  tlTV  '''"'  ^'"""='' 
actually  sit;  I  have  never  seen  ',."'^°  "'  "»«"«<'■' 
.han  four;  three  exclusive  „,  the"  or'dp"  T""-""'  '-» 
a    quorum.       These    Privy    Counti.  ""'"""""»'"■"« 

ordinary  Engli.,h  gentlemen  u"^^  T  '"''"'«'  " 
any  kind  although  Coun™  „„„  "'  ."'^"'^  «""  <>* 
)-ear  the  black  gown  "  k  TT^  '''""  """^  "■>'^' 
«  or  is  not  a  King's  Conn  \  """  'wording  as  he 
0'  horse  hair.  X^^^  ^]f^-  -u  and  wt.' 
hut  I  found  that  one  becom..  *  ""''P'  'he  wi,f, 

quickly  and  vJry  easily     T  1  '™*^  '"  ""'  -'«  -^-^ 

■nan  with  the  .,ame  seme  0  i'con""""-"  '*"''''  ""'  «»*f'-h 
Courts  and  sees  Judges  a„d  Co  ^'■■''. """"  "'  »""'"  our 
ha^uls  but  without  wfg  as  it  d  """'"'"■  «"-"  and  white 
<".ain  American  Cges  si  tt7i:"c  'r^""  "■''^"  •■«  -« 
«l»o  with  a  black  necktie  "■'  '""'  »  ^"^o  hut 

-t,'^:^iL:^T':r;:rrd!::^--^^— re. 
-» "P-"  Of  the  con.mitteerd"i:Lrjrsr:„7:: 


12 


MiMouri  Bar  Asaociatwn. 


how  the  members  of  the  Committee  were  divided  or  if  they 
were  divided.  While  the  House  of  Lords  is  bound  by 
its  own  judgments,  such  is  not  the  case  with  the  Judicial 
Committee — the  Committee  may  and  sometimes  does  decline 
to  follow  the  law  as  laid  down  in  previous  cases.  Their 
Lordships  consider  themselves  at  liberty  and  indeed  bound 
to  examine  the  reasons  upon  which  a  previous  decision  was 
arrived  at,  and  if  they  find  themselves  forced  to  dissent  from 
(hose  reasons,  to  decide  upon  their  own  view  of  the  law.  [ 
'  not  know  that  this  has  ever  actually  been  done  in  ques- 
luns  of  the  law  of  property,  but  it  has  in  matters  afrectini; 
the  forms  of  worship,  etc.,  in  the  Church  of  England.  For 
example  in  the  well-known  case,  Kead  vs.  Bishop  of  Lincoln 
(1892  A.  C.  644)  the  previous  decision  in  Ilebbert'  vs.  Pur- 
ehas  (L.  R.,  :>  P.  C.  651)  23  years  before,  was  not  followed, 
as  their  Lordships  found  themselves  unable  to  concur  in  the 
reasoning.  It  has,  however,  been  said — even  in  a  case  in- 
volving property— by  the  Committee  (upon  a  previous  case 
before  that  Board  being  cited  as  an  authority  absolutely 
binding  upon  them)  that  it  would  have  been  their  duty  had 
the  necessity  arisen  to  consider  for  themselves^whether  the 
decision  was  one  which  they  ought  to  follow  (1891,  A.  0., 
at  p.  282). 

The  Committee  sits  in  an  old  building  on  the  north  side 
of  Downing  street,  Westminster,  not  far  from  the  Abbey 
and  the  Parliament  Buildings.  The  Board  is  on  the  floor 
toward  the  middle  of  the  room;  the  Co  isel  upon  a  raised 
platform  to  the  east  side,  communicating  with  the  robing 
rooms  etc.  The  platform  is  accommodated  with  a  small 
reading  desk  upon  which  Counsel  addressing  the  Board  may 
rest  his  books  and  papers— all  the  proceedings  in  the  Courts 
below  are  in  printe<I  form  as  also  the  points  relird  upon  bl- 
each side.  Whenever  a  case  cited  is  not  thoroughly  well 
known  the  report  is  brought  at  once  from  the  book- 
cases lining  the  walls  of  the  room;  and  each  point  as  a  rule 
is  thoroughly  threshed  out  at  the  time  by  Court  and  Couri- 


T<r,ntyS,>venth  ArmucdMeetmg. 


13 


r„  .1 1-.-  '     "'  ""*'  ">e  result  will  bf 

find  the  following     ,„!„1^?"  "^Pr'^'  ^^PP"-""  f»«''.  a"'-i 

the  construction  !f  a  win'Zl.  t?  f "  '"""'  '^"'"^  "P"" 
Scotia  as  to  the  int^rlr  V  .         .     -'■"P-'eme  Court  of  Nov., 

whether  certain  aUeTrf  ^  H<>"f-'-Ko„g,  China,  as  to 

prison  withourceSorCm-r  f"!' t^  r-."""^'^  " 
ments  as  to  the  effect  JT^-'  ""'  **"''""'  Settle- 

portation  of  chandu  from  1"^  '"''  '"'"'''''"«  ">e  im. 
to  whether  the  Grand  TrTnkLir"""'  '■'°"'  "'  '•'""'""'  •" 
third-class  between  Toro"to  and  Ar,"""^,'  '""^  P-'^^"' 
mile  as  provided  by  Ih  s  It^o  18  2,  "  T"  P^"°^  " 
King's  Bench,  Quebec,  as  „  therilhf'of  ^  e""  *''^'^°"'  "- 
ing  certain  patents  to  enfn./  .t  corporation  own- 

machines  bufit  on  Cpfrtf' f"™™  i»  a  lease  of 
be  used  by  the  lessee  from  '^i.  .  °"'«'' """chines  should 
respect  o/the  „ Ts  f t^n  of  "?  f""!  "'  ^-'"'-  - 
Cape  of  Good  Hope  ™  the. „„,  ."''"°"  ^<"'  ''■°°'  'he 
High  Court  of  Austr^iat  tor^'-T  "'."  "'"^  ''°^  "■« 
to  eon>pen.sation  on  re  ireme  ^-fr  "t'%"'  '  ""'  ^"™"' 
Canada  as  to  the  a,'™  ^  ,  m  !  'f  I'™  '"''  ^"P"""=  ^ourt  .f 
and  the  effect  of  it,  aZi,,  !^  r  l"'"^  "'P  "P™  «  fia! 
(the  Settlement  of  P™Z    ,  -•     ^'""■'  S'"'™--; 

Supreme  Court  o  CyZlZZ"  ,"  "'"''"^^  f^<""  «' 
procreated  in  adultery  fthi^V  .  '"'^"""aey  of  ehildrc, 
law,  the  common  ,a?ofCey?„r,       """"  ""^  «™-Dutoh 

.athtse7;perin"'lZt:f  '"7  ""'  ^'"'^  ^-"  '"^i*. 
It  may,  however,  he       in,reTt'"''  ""'■ '"  "■«  ^P^^"'  =ase. 

eases  reported  in  1906     ttTlnn"''™    T"""    "'    ">'- 


14 


Mittouri  Bar  Attociation. 


law  under  the  custom  amongst  certain  Chaltris;  from  the 
Ilisrh  Court  at  Allahabad  a«  to  the  effect  of  words  "malik 
wa  khud  ikhtiyar"  in  a  deed  of  gift,  from  the  High  Court 
of  Bengal  as  to  whether  a  plaint  must  be  stamped ;  from  the 
Judicial  Commissioner  of  the  Central  Province  as  to  the  con- 
struction of  a  foreclosure  decree :  from  the  Chief  Court  of 
Lower  Burma  as  to  Buddhist  marriaKC  and  the     tatus  of 
"monkey  wife";  from  the  IliRh  Court  of  Bengal  whether 
the  English  law  ns  to  champerty  and  maintenance  is  part  of 
the  law  of  India:  and  again  as  to  the  Mahomedan  law  .s' 
gift  under  apprehension  of  death  (our  donato  mortis  causa  ) 
and  again  as  to  the  rights  of  sha'  -holders  in  a  Zemindart 
and  again  as  to  gifts  to  daughters  an. I  their  sons;  from  the 
Chief  Court  of  the  Punjaub  in  respect  of  a  partition  of  the 
property  of  a  Hindu  joint  family;  from  the  Supreme  Court 
of  Mauritius  as  to  certain  wakf  properties  in  Port  Louis 
bought  for  the  JIahomedan  congregation  of     the     Soonce 
School,  being  composed  of  Indian  immigrants  from  Cutch 
Hallal  and  Surat.  the  Ilallaye  and  Soortee  classes  quarrel- 
ing with  the  Cutchees;  from  Lucknow  as  to  family  records 
proving  pedigree,  and  the  rights  of  a  sister's  son;  from  the 
High  Court  at  Madras  as  to  the  rights  of    the    Nadar    or 
Shanar  caste  to  worship  in  the  temple  of  Shiva  at  Kamudi  • 
from  the  High  Cou-f  in  Bengal  again  as  to  jhum  rights,  i.  e.,' 
rights  in  land  in   wild  and  jungly  tracts  on   the  frontier 
which  were  never  brought  under  settlement  by  the  Revenue 
authorities  but  were  left  waste  to  he  occupied  by  "squat- 
ters"; from  the  Chief  Court  of  the  Punjaub  ii.  a    suit    by 
Hindu  minors  to  set  aside  their  father's  deed  of  sale  on  the 
ground  that  the  lands  were  ancestral. 

With  all  these  varied  forms  of  action,  all  the  different 
systems  of  law  to  be  considered,  Common  Law,  civil  law 
.Mahomedan  law,  Roman-Dutch  law,  and  all  the  bewilder- 
ing customs  of  India,  there  is  no  delay  in  giving  judgment 
The  case  is  a  rare  one  in  which  the  appellant  does  not  know 
his  fate  within  a  few  weeks  at  the  outside.  A  case  mav 
start  in  Toronto  to-day  and  be  finally  decided  by  the  Privy 
Council  in  a  year  or  18  months  from  now.    No  delay  is  tole-'- 


'^''"''yf^'"-rnthA„„„„ii,ee,ln,. 


IS 


"ii'iit  iif  c,,,,,',,'!]""'  ''""^  "''"'K  yar  after  vt-ar  l.« 

'  >  "uiisel—,,,,  ap,      ,  .  '""^  "y  arrange'- 

""■".■"c.  „f  „,„>  LordlLw,        ■'"''  '"■'"""">•■    Tlie  great 

"■"y  are  re,pee,eci.  '"'"'■""  "'""''y  d'  aJl  re,pe„f,.a;;j 

"lit.  it  may  be  n^it,.,i   ..,.  , 

^""na„„p™f,,„j,  "^""■•1?       There's    no     Mis- 

S  «»'■»  alt.,,,'  we  have    ,.„  ,        T'""-  ''"■"•'  "f  '».  Unit   , 
mutee.  t«"«>imns  „n  ,he  Judicial  Cou 

-^^in^i^jr^^rr^i^r-i-'T'-o^^he^oa., 
5-:;;":r-Si:zL^'^^^'"-=:...rt 

""-■""M  h,.  any  o,h  r  e.l.  .  '"  ''"  "•"'"'"^  ot  L  in 
P'.Wie  g„„,,.  They  L  Z  r"""  "■""  """""^  -"the 
.  Far  above  all.  to  my  mij  l^  "'""  '"»'  '■"""trie, 
»"'™.i"  an  Kntish  eoZ,"t  '  .'  '"'"'  °'  ^™<'a-ent,I 
orn,  ,„  „„,  ,„.„,  Court  „"p!-7''''  ";-'f"«  in  eonerete 
'^;.«<-as.     In  that  Court   too  sif  '"  "■"  '"»<'''  beyoni 

«'  I"  the  irouse  of  Lo/d,"  °-  2",'  "  ™''  ""'  "^y  men  wi^o 
peal,  disputes  between  our  br  .'.  "'  "  ""'"  '^""^  »*  Z- 
and  Seot,and-3„  that  we le  ailt?"  rl  ''"''""'■  ^-'-' 
-----se  Spates  wi,,t:-na"---^^^^^^^^ 


1« 


MtMOHrl  Bar  Attnocintlon. 


riittic  desire  for  union — a  flajr.  an  institution,  will  symholizp 
a  sentiment;  and  to  nie  there  is  no  more  inspiring  spectacle 
than  that  body  of  gentlemen  in  the  dinpj'  old  room  on  Down- 
ing Rtreet.  Westminster,  sitting  to  deeide  cases  from  every 
quarter  of  the  globe,  administering  justice  to  all  under  the 
red-cross  flag  and  symbolizing  the  mighty  unity  of  an  Im- 
perial people — a  people  akin  to  yourselves,  nith  the  same 
problems  ait  you  and  with  the  same  aims. 

A  sentiment  more  powerful  and  efficient  than  a  law 
binds  togetter  these  groups  scattered  throughout  the  glob". 
One  nam',  we  bear,  one  tlag  covers  ua,  to  one  throne  we  are 
loyal;  and  that  Court  is  a  token  of  our  unity.  >  >t  as  a 
member  of  a  subject  race  does  a  Canadian  enter  viie  pre- 
cincts of  that  building,  but  as  a  citizen  and  an  equal,  legally, 
socially,  politically — the  C-anadian  barrister  stands  oeside 
not  below  and  not  above,  his  brother  from  London,  or  Edin- 
burgh or  Dublin  or  Melbourne  or  Sydney  or  Wellington  or 
the  Cape.  No  precedence  is  given  to  n  King's  Counsel  fnmi 
his  receiving  his  patent  at  the  hands  of  the  Lord  Chancellor 
of  Great  Hritain  rather  than  at  the  instance  of  tiie  Attorncv- 
General  of  a  Colony.  All  meet  before  a  tribunal  rrprcse:"- 
ing  the  common  Sovereign,  a  tribunal,  too,  which  links  th'- 
present  with  the  ancestral  institutions  of  our  race  With 
many  of  the  present  as  of  every  past  period,  there  i-*  a  de- 
sire for  novelty  and  experiment.  But  it  is  part  of  the  very 
being  of  those  deriving  from  our  common  ancestors  to  elin» 
to  the  old  in  essence,  even  if  a  change  be  made  in  foim  t.> 
the  new.  It  is  no  little  gain  that  we  are  able  to  point  to 
this  body  as  being  in  substance  the  same  as  has  sat  and 
adjudged — doomed — for  countless  generations  amid  and  for 
a  free  and  noble  people,  who  law-loving  and  in  general  law- 
abiding,  could  brook  in  patience  no  law  but  their  own. 
Before  that  tribunal  we  must  if  ever  recognize  that  the 
principles  of  justice  and  fair  dealing  are  the  same  now  as 
of  old — the  varying  and  various  conditions  of  society  have 
not  modified  eternal  right — the  law  (speaking  generally) 
which  the  Saxon  was  entitled  to  have  enforced  in  his  local 
Court  is  the  same  as  that  by  which  are  now  governed  mighry 


"rKJiiiizatiuiw 


^^i^ty.Sev^tth  Annual 


lands  f, 


J..   I...   1  ■ 


u«tftinkttI)lL'  by  ; 


"I  reinovi'U  f 


"""■      j\iiu    wj 


I  rul      ur)i,.l 


Jnhul,=*- 


ti'niH  of    mi-n 
iniH.s  of  whi, 


nr'   r-Iini 


'.«»  »uh,,„,.d  without  a  Ir  Ik     „!   V"  ""  "'■■""""''*■  *'"'■■'• 

l-ourt  „f  ,„e  vic„a,.e"v  raw ",        'T''  '"  ""■"'  ''^  »<">■<• 
"«-„,  ,iti,„„,  orpa'^'or^fTi^itr"     ■"•■"  '^  "  """"f"' 

"hioh  pa.„  upon  the  llL  „,„,''  "^'"™'  *■"'  <'""'» 
'-"'  "f  .ho  0,5  dime  a  e  i'y  ha  n": ■;;"  ''"""■  -'"J™'" 
ann,a.,l  aud  where  prnpeVorLtK^  ""■  '"''«">"""  «■ 
^dve,  one  people  indissl    v  ^  """'■■     ■"'"  f''^''  »"••• 

rae,.  seattered  through!,    the  1  "■""  """"'  "^  ""■• 

''-.answer  of  ,he  t'lo'ie'r  "--■;-""•  .^^"^  »- 
tlunng  the  S<,„th  Afriean  war  or  ,t     .  """"''■  '^n-^ 

(hem  more  recently  wZ  he  "'■"'  '"'"''  ""<»  "-■ 

more  shows  that  onene.,  "han  ,h?  '"'""  "'"^  "'■»"^°^«'i 
final  Court  of  Appeal  ™"""™  "™"'-^«  '<>  on. 

(equaling  in  thar":lanth,t"°"',  "'  "■"  '»•"  ">ing,, 
metaphysioian  with  a,.'  ;,  7^  T^'^'"^'  «■"'=•>  A^ed  th^ 
in  the  history  and  ,h7  de  T  '"'  ""^"^  ''  «^-'"  P'^-" 
in  the  history  and  the  d'Jon  T',"'  "^  'nankind-nn 
'"a-^t  so  in  ,i,„,  „f  ,h'  "'"  "P,"™*  "f  n,anki„d_a„d  not 
you  and  1.  holon/Vhe  L.  f  ^"^"''^  '"  «>"<">  we 

at  hut  never  belUtled  wi^  f ''  "' ""'  '""■  ^^  ""-  '"eered 
anever  present  sen  „f  a  .nair'""'  '"'""■'  """^  ^^»  '-'n?^ 
"■at  people  „,,„  n,.,st  re"  e,        T"™™'"^''''""'''""'^ 

--".ands  of  the  .r  r  trhiXst"'":!  ■■""''^-  "'"■^'  "■" 

•ion.    And  how  can  the  I  „      ,       f  "'"''  "'  "vili^a- 

™plifled  than  in  he  e^iZee  "If  T-  '""  •"■  "'»"  -- 
jud^rment  is  the  final  word  for  h  ".  '^  "^  J""''"  «•'">■•' 
---^^ne.eeuti„nor::^j:'^r^---.:ons-a„d 


If  Miuouri  Bar  Auoeittttm. 

whone  Hags  cover  every  «ea.  every  man  in  an  army  with 
centuries  i.f  honour  to  its  credit,  every  officer  of  the  Stato, 
every  British  suliject  who  can  carry  a  niUHket,  may  he  call- 
ed upon  if  neeeasary. 

There  have  been  ocia»ioiis  upon  which  »u(Hfcstoin«  have 
heen  ir.Hile,  more  or  le«»  seri.nisly.  that  the  jurisdiction  .if 
the  Privy  Council  over  self-t'overninu  cornniu  ilies,  such  •« 
we  have'in  Canada  and  m  arc  in  Australia  ami  New  Zealanl 
should  ■•ease.  Kor  example  when  the  Supreme  Court  of 
Canada  was  estahl„he,l  in  IHio.  there  was  considcral.le  dis- 
eussion  Inokinit  to  the  ah.dition  of  the  riuht  to  appeal  to  the 
Vrivy  C..nncil  from  the  Court  so  established.  Wiser  eouii- 
fcls  prevailed  and  no  attenipi  was  made  to  prevent  such  ap- 
pe.ils  by  b'stislat  i..n.  Now  an  appeal  lies  as  of  rii-'ht  from  the 
hiiihcst  Court  iu  each  I'rovince  in  cases  of  suffliient  magni- 
tude and  also  by  special  leave  fn.m  the  Suprenr.  C-ort  of  th" 
Doniinicui. 

No  fcelinu  exists  that  this  should  be  altered— oc- 
easiooally  of  course  the  unsnccc'ssful  party  to  an  appeal  and 
those  who  svnipathizc  with  him  mahe  a  d  .|.  fnl  -i  i-c  aiMUist 
Ibe  Hoard  but  this  speedily  dies  out.  It  is  wholly  bey.md 
controversy  that  Canadians  s.Miierally  Kaul.l  d.  pi  .ce  any 
.ittcnipl  to  interfere  with  tlicir  traditinnnl  riabt  to  apply 
for  justice  to  the  foot  of  the  throne. 

In  other  Ccdouies  the  riyllt  continues  ie  a  more 
or  less  eiunpb'te  form— and  from  all  appearances  will  so 
.■onlinne  while  the  British  Knipire  itself  conti.iucs-anl 
may  that  be  not  ad  mtUtos  annos  alone,  but  in  aetemum. 


